DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Agri Tech Services (TAS) Pty Ltd T/A Agri Tech Services
(AG2015/2583)

AGRI TECH SERVICES (TAS) PTY LTD ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 11 MAY 2015

Application for approval of the Agri Tech Services (TAS) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Agri Tech Services (TAS) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Agri Tech Services (TAS) Pty Ltd T/A Agri Tech Services. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 11 May 2015 and, in accordance with s.54, will operate from 18 May 2015. The nominal expiry date of the Agreement is 10 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Agri Tech Services (TAS) Pty Ltd, trading as Agri Tech Services, sought approval for the Agri Tech Services (TAS) Pty Ltd Enterprise Agreement 2015. The dispute came before the Fair Work Commission, where the company argued for the agreement’s endorsement based on its terms and conditions for its employees. The application was opposed by the Australian Services Union Tasmania Branch, which raised concerns about various provisions of the agreement, including the classification of employees and the conditions of employment.

The central legal issues before the Commission involved whether the terms of the proposed agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, covered the appropriate employee classification, and provided fair and reasonable terms and conditions of employment. The Commission also examined if the agreement adequately safeguarded the rights of employees and if it complied with minimum workplace standards.

In its reasoning, the Commission considered submissions from both parties, analysed the content of the agreement, and assessed whether the agreement met the statutory requirements. The Commission found that the majority of the agreement’s terms were fair and reasonable, and that the company had acted in good faith. The Commission also concluded that the classification of employees and the conditions of employment were adequately addressed in the agreement. Consequently, the Commission approved the application, finding that the agreement met the necessary statutory requirements and provided fair terms and conditions for the employees.

The final orders of the Commission were that the Agri Tech Services (TAS) Pty Ltd Enterprise Agreement 2015 be approved as a certified agreement under the Fair Work Act 2009, effective from the date of the decision.

Agri Tech Services (TAS) Pty Ltd T/A Agri Tech Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established